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THIS INSTRUMENT PREPARED BY 200E115
MARIAN E . FELL , SENIOR ASSISTANT THIE; DOCUMENT HAS :3 = EN
1 = C _% RDED : N THE PL :3 . 1C RE ; ) FDS
COUNTY ATTORNEY AND RETURN TO : OF ivDIAN RIVER COUNJ FY FL
COUNTY ATTORNEY ' S OFFICE BK 2355 PG : 697 F'agul of
0721 2009 at 09 : 52 AM , :; DOCE R F D
Parcel ID Number: 33- 39-25 - 00006- 0040 - 00022 . 3 70
JEFFREY K B .ARTON , ( ; I_ = RK C) COURT
COUNTY DEED
THIS COUNTY DEED made and executed this 91h day of June , 2009 , by Indian River
County , a political subdivision of the State of Florida , whose mailing address is 1801 27th Street
,
Vero Beach , FL 32960 , hereinafter called " Grantor" or " County " to Indian River County Habitat for
Humanity , Inc . , a Florida Not-for- Profit corporation , whose address is 4568 N . US Highway 1 Vero
Beach , FL 32967 , hereinafter called " Grantee" :
WITNESSETH :
WHEREAS , Indian River County as Grantor, pursuant to the requirements of Section
125 . 379 Florida Statutes , prepared a list of County- owned land appropriate for the provision of
affordable housing ; and
WHEREAS , Indian River County as Grantor , on June 19 , 2007 , following a duly noticed
public hearing , adopted Resolution 2007 -068 , finding that certain County- owned parcels , as set
forth therein , were appropriate for the provision of affordable housing ; and
WHEREAS , Indian River County as Grantor agreed to donate the parcels to non - profit
housing organizations for the construction of homes for very- low- income and low- income
households ; and
WHEREAS , Grantee is a Florida non - profit corporation and a corporation organized
exclusively for charitable , religious , literary , scientific , and educational purposes as set forth in
section 501 ( c ) ( 3 ) of the Internal Revenue Code of 1986 , as amended ( " Section 501 (c) ( 3 ) Entity
" ) ,
and specifically organized for the purpose of building homes for very- low- income and low- income
households ; and
WHEREAS , Grantee has formally requested that Indian River County as Grantor donate
the land conveyed herein to Grantee for the construction of homes for very- low- income and low-
income households ; and
WHEREAS , Grantee acknowledges and agrees that this Deed contains restrictive
covenants running with the land conveyed herein .
NOW THEREFORE , Grantor, for and in consideration of the sum of TEN AND NO/ 100
DOLLARS ( $ 10 . 00 ) , and other valuable consideration , receipt whereof is hereby acknowledged , by
these presents has granted , bargained , and sold to Grantee , its successors and assigns , forever,
the following described lands lying and being in Indian River County , Florida and more specifically
described in Exhibit A attached hereto and made a part hereof and hereinafter referenced as the
" Lot" :
SUBJECT TO restrictions , reservations , covenants and easements of record , if any , to the
extent that the same are valid and enforceable , and to taxes subsequent to December 31 , 2009 ,
and
SUBJECT TO that certain reversionary interest in the Grantor as set forth in Exhibit " B
"
attached hereto and made a part hereof; and
1
SUBJECT TO RESTRICTIVE COVENANTS RUNNING WITH THE LAND
As to the Lot hereinabove granted , Grantee covenants and agrees , by accepting and placing this
Deed of record in the public records of Indian River County , Florida , that Grantor conveys the Lot
to Grantee with the following restrictions (" Restrictions") that run with the land and touch and
concern both the Lot and any and all single family or multi family residential dwelling units
constructed on the Lot : For the purposes of this Deed , the Lot as improved with the single family
residential dwelling is herein referenced as " Property" :
1 . Use of Property . The Property shall be used solely for residential purposes . The Property may
not be used for any non - residential purposes whatsoever , except for home office uses permitted by
applicable zoning regulations .
2 . Definitions The following terms as used in this Deed shall have the meanings given below :
2 . 1 . " Purchased" means by sale , court order, or other legal method of transfer or
acquisition ; provided , however , that the Restrictions set forth in paragraphs 4 , 51 61 7 , and 8 shall
be applicable to the inheritance of the Property by heirs of a Purchaser (who has previously
satisfied the criteria set forth below) .
2 . 2 " Purchaser" means the natural person who has or natural persons who have : ( a )
Purchased the Property to use and occupy as the principal residence of the household ; and ( b ) a
household Adjusted Gross Income ( as defined herein ) that qualifies as Very- Low- Income or Low-
Income ( as such terms are defined in Florida Statutes section 420 . 0004 ) .
2 . 3 . "Adjusted for Family Size" means adjusted in a manner which results in an income
eligibility level which is lower for households with fewer than four people , or higher for households
with more than four people , than the base income eligibility determined as provided in Florida
Statutes section 420 . 0004 ( 1 ) based upon a formula as established by the United States
Department of Housing and Urban Development .
2 . 4 . " Adjusted Gross Income " means all wages , income from assets , regular cash or
noncash contributions or gifts from persons outside the household , and such other resources and
benefits as may be determined to be income by the United States Department of Housing and
Urban Development , Adjusted for Family Size (as defined herein ) , less deductions allowable under
section 62 of the Internal Revenue Code . "Adjusted Gross Income" is calculated on an annual
basis .
2 . 5 . "Affordable " is defined to mean that monthly principal mortgage payments , including
taxes and insurance , do not exceed 30 percent of the annual Adjusted Gross Income for a
household that is Very- Low- Income or Low- Income ( as such terms are defined in Florida Statutes
section 420 . 0004 )
3 . Purchase of Property . The Property shall be Purchased only by Purchasers who meet the
criteria set forth hereinbelow .
3 . 1 . The Purchase price of the Property , for all sales and resales of the Property , must be
Affordable ( as defined herein ) to the new Purchaser . The Purchaser shall have monthly mortgage
payments that are Affordable ( as defined herein ) .
3 . 2 . The Property may not be Purchased by a Purchaser whose household Adjusted Gross
Income exceeds the thresholds set forth in Florida Statutes section 420 . 004 for Very- Low- Income
or Low- Income households .
4 . Maintenance of Property . Purchaser shall maintain the exterior of the single family residential
dwelling located on the Lot in good repair , including , but not limited to , painting , landscaping
and
lawn maintenance , as necessary . Purchaser shall maintain the Property in accordance with the
applicable laws , regulations and ordinances of the County , and if applicable , the governing
municipality . For so long as the original Grantee is the owner of the Lot or the Property
, the
maintenance obligations set forth herein are binding on Grantee .
2
5 . Covenants Run with the Land . All covenants , conditions and Restrictions contained in this Deed
shall be covenants running with the land , and to the fullest extent permitted by law and equity, be
binding upon the Property for the benefit of and in favor of , and be enforceable by , the
County
against the Grantee and any party in possession or occupancy of the Property or any portion
thereof . The covenants , conditions and restrictions set forth in this Deed are intended to be
perpetual , but may be modified in a document in recordable form executed by the County and the
Grantee , or the Grantee ' s successors in interest in the event that the character of the
neighborhood within which the Property is located changes substantially through the passage of
time
6 . Property as Servient Estate . For the purposes of this instrument , the Property and all portions
thereof shall be the servient tenement and the County shall be the dominant tenement . The
Restrictions shall run with the Property and be binding on all persons acquiring title to the Property ,
or any portion thereof , and all persons claiming under them .
7 . Enforcement by County . The County is the beneficiary of these Restrictions , and as such , the
County may enforce these Restrictions by action at law or in equity , including without limitation , a
decree of specific performance or mandatory or prohibitory injunction , against any person or
persons , entity or entities , violating or attempting to violate the terms of these Restrictions .
8 . Waiver ; Invalidity ; Construction ; Venue . Any failure of the County to enforce these Restrictions
shall not be deemed a waiver of the right to do so thereafter . No waiver of these Restrictions shall
be effective unless contained in a written document executed by County . Any waiver shall only be
applicable to the specific instance to which it relates and shall not be deemed to be a continuing or
future waiver . If any covenant , restriction , condition or provision contained in this Deed is held to
be invalid by any court of competent jurisdiction , such invalidity shall not affect the validity of any of
the other Restrictive Covenants herein contained , all of which shall remain in full force and effect .
This Deed shall be construed in accordance with the laws of Florida and venue shall be Indian
River County , Florida .
IN WITNESS WHEREOF , the Grantor has caused this Deed to be executed in its name by its
Board of County Commissioners , acting by the Chairman of such Boar,,d, the day and year
aforesaid .
f.
INDIAN RIVER C0UNT`{( a
Attest : J . K. Barton , Clerk
By By
Deputy Clerk Wesley S . Davy , Chairman
BCC approval date June 9 , 2009
INDIAN RIVER COUNTY
ACCEPTED : HABITAT FOR HUMANITY , INC .
5 7 Florida ylot for profit corporation ,
to 0, /
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July 15 , 2009
Dated AI: PROVE. .) AS TO FORM
EG SOFFY
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64 MARIAN E , r LSE l_
ASSISTANT COUNTY ATTORNEY
3
Full Legal Description for Parcel 33392500006004000022 . 3 Page 1 of 1
Parcel : 33392500006004000022 . 3
Full Legal Description
INDIAN RIVER FARMS CO SUB
IND RIV FARMS CO SUB PBS 2 - 25 N 70 FT OF
S 1130 FT OF W 125 FT OF E 135 FT OF W 10 A OF E 20 A OF
TR 4
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EXHIBIT "' As "
http : //www . ircpa . org/Tools/FuIlLegal . aspx ?ParcelID = 33392500006004000022 . 3 5/20/2009
EXHIBIT B
[paragraphs 1 . 1 ; 3 . 1 ; and 9 . 1 ( a ) of that certain "AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND HABITAT FOR HUMANITY , INC . FOR DONATION OF SURPLUS
COUNTY OWNED LANDS " by and between Grantor and Grantee (therein styled
"Applicant" ) dated as of June 2 , 2009 , a complete copy of which is on file with the office of
the Clerk to the Indian River County Board of County Commissioners . J
1 . 1 . Applicant shall construct and complete , through the receipt of a Certificate of
Occupancy , one single family residence on each Lot within three ( 3 ) years of the date of
the deed of conveyance of the Lots to Applicant . Applicant and County acknowledge and
agree that one ( 1 ) of the Lots has the capacity to be subdivided into multiple Lots
and
each such subdivided Lot shall have one ( 1 ) single family residence on it and all such
subdivided lots are , for all purposes herein , collectively included within the terms Lot and
Lots . If a Certificate of Occupancy is not issued for any of the single family residences on
any Lot within the referenced 3 year timeframe , the title to any such Lot shall revert to the
County unless an extension of the three ( 3 ) year time frame is approved by the Indian
River County Board of County Commissioners at a regularly scheduled meeting thereof.
3 . 1 . Applicant shall maintain its existence as a not-for- profit corporation under the
applicable laws of the State of Florida and its qualification as a Section 501 ( c ) ( 3 ) Entity
during the term of this Agreement . Applicant acknowledges and agrees that , in the event
( a ) Applicant loses its status as Section 501 ( c ) ( 3 ) Entity ; or ( b ) Applicant dissolves
its
corporate existence , and either of the foregoing occur while Applicant is still the owner of
the Lots , then all right , title and interest of Applicant in and to the Lots shall automatically
terminate and be rendered null and void , and all right , title and interest in and to the
Lots
shall automatically vest in Indian River County , a political subdivision of the State of
Florida .
9 . 1 . Applicant acknowledges that the County is donating the Lots pursuant to Florida
Statutes section 125 . 379 for the construction of permanent affordable housing .
Accordingly , the parties acknowledge and agree that the County' s remedy for breach of
this Agreement by Applicant shall be as follows :
( a ) Any use of any Lot by Applicant in violation of this Agreement shall result in
reversion of the Lot to the County and Applicant shall , immediately upon request
of County , execute and record a Quitclaim Deed conveying such Lot to the
County .
CLOSING STATEMENT
Seller: Indian River County
Indian River County
Buyer: Habitat for Humanity, Inc .
Property: Donation of Surplus Properties
Pursuant to Resolution 2007 - 068
BUYER' S PURCHASE PRICE $ 0 . 00
EXPENSES TO BUYER
Pay- off County Utilities Lien — Parcel 22 . 3 (1 / 2 original loan) 374 . 38
Pay-off County Utilities Lien — Parcel 22 . 1 ( 1 / 2 original loan) 1 ,497 . 54
Collins -Brown Attorney' s Title Search 250 . 00
Collins -Brown Attorney' s Fee 250 . 00
Clerk - Cost for recording each of 2 deeds @ $ 44 . 00 88 . 00
Minimum documentary stamps on each deed 70 ¢ 1 . 40
"TOTAL EXPENSE OF BUYER AT CLOSING $ 2 , 461 . 32
WE HEREB YAPPR 0 VE AND A CCEPT THIS CLOSING STATEMENT
Indian River County
Buy er: Habitat for Hutuanity, Inc . Seller: In ian River County
by o 1 XB y
Andrew R . Bowler , President
Also known as Andrew Bowler
Date July 15 , 2009 Date j